Owen & Anor (t/a Christie Owen And Co) v. Campbell & Ors [2007] ScotSC 74 (10 December 2007)

Owen & Anor (t/a Christie Owen And Co) v. Campbell & Ors [2007] ScotSC 74 (10 December 2007)

The pursuers failed to meet the two-stage test for effective intimation of assignation as set out in Libertas-Kommerz Gmbh. The letter of 20 December 2006 did not direct the second defenders' attention to the Sole Selling Rights Agreement or assert an entitlement to payment, and thus did not constitute valid intimation. There is no legal obligation or presumption that solicitors read all enclosures unless specifically referred to.

Citation
[2007] ScotSC 74
Parties
Pursuers/appellants: Christie Owen & Davies plc t/a Christie Owen & Co; First Defender: Mrs Anne Campbell; Second Defenders/respondents: Stephen I Kliner and Stephen J Vallance
Jurisdiction
Scotland
Judgment Date
10 December 2007
Procedural Posture
Commercial Action / Appeal From Sheriff's Decision
Outcome
appeal dismissed
Legal Topics
Intimation of Assignation, Solicitor Obligations, Payment of Agency Fees
Commercial Law Contract Law Intimation of Assignation Solicitor Obligations Payment of Agency Fees

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Parties

Christie Owen & Davies plc t/a Christie Owen & Co

Pursuers/appellants

Mrs Anne Campbell

First Defender

Stephen I Kliner and Stephen J Vallance

Second Defenders/respondents

Procedural Posture

Commercial Action / Appeal From Sheriff's Decision

Legal Issues

  1. 1 Whether enclosing the Sole Selling Rights Agreement without explicit reference constitutes valid intimation of assignation to the second defenders
  2. 2 Whether a solicitor is under an obligation to read all documents sent to them
  3. 3 Whether the pursuers' letter amounted to an assertion of entitlement to payment

Ratio Decidendi

The pursuers failed to meet the two-stage test for effective intimation of assignation as set out in Libertas-Kommerz Gmbh. The letter of 20 December 2006 did not direct the second defenders' attention to the Sole Selling Rights Agreement or assert an entitlement to payment, and thus did not constitute valid intimation. There is no legal obligation or presumption that solicitors read all enclosures unless specifically referred to.

Court Disposition

appeal dismissed